The Property (Northern Ireland) Order 1997

Article 53(1).

SCHEDULE 4 AMENDMENTS

The Administration of Estates Act (Northern Ireland) 1955 (c. 24)

1.  In section 40(1), at the beginning of paragraph (c), insert “without prejudice to Article 28 or 30 of the Property (Northern Ireland) Order 1997”.

The Land Registration Act (Northern Ireland) 1970 (c. 18)

2.  In Schedule 5, in Part I, after entry 15 insert—

“16.   Any covenant (within the meaning of the Property (Northern Ireland) Order 1997) which continues to burden land by virtue of Article 25(2) or 35(8) of that Order.”.

The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7)

3.  For section 5(4) substitute—

“(4) Without prejudice to the powers of a person appointed attorney under an enduring power of attorney which has taken effect, where a person who is required by this Act to convey or join in conveying the fee simple in the land is incapable, by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986, of managing and administering his property and affairs, his controller or (if no controller is acting for him) any person authorised in that behalf under an order of the High Court may represent him for all or any of the purposes of this Act.”.

4.  For section 11(4) substitute the subsection substituted above for section 5(4) with the substitution for the words “to convey or join in conveying the fee simple in the land” of the words “to join in the apportionment of a rent”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

5.  In Schedule 2, paragraph 7, and Schedule 3, paragraph 10, in each case, insert at the beginning of the paragraph “Without prejudice to Article 28 or 30 of the Property (Northern Ireland) Order 1997,”.

The Business Tenancies (Northern Ireland) Order 1996 (NI 5)

6.  In Article 2 at the end insert—

“(5) References in this Order to a tenancy dependent on the fall of a life or other uncertain event are to the tenancy into which such a tenancy is converted by Article 37(4) of, and Schedule 3 to, the Property (Northern Ireland) Order 1997.”.

7.  In Article 6(4), at the end insert “and paragraph 2 of Schedule 3 to the Property (Northern Ireland) Order 1997 (termination by at least one month’s notice after the fall of the life or the happening of the event) does not apply”.

8.  In Article 8(4) at the end insert “and paragraph 2 of Schedule 3 to the Property (Northern Ireland) Order 1997 does not apply”.